Appeal No. 2003-0414 Page 8
Application No. 09/833,831
As shown in Figure 3, each of the squares 8 is further marked with dimension
lines 11, 10 along the vertical line 9 and the horizontal line 12. The mark 10 represents
1/8 inch and the mark 11 represents 1/4 inch. Therefore, these additional dimension
markings will make it convenient for workers to make accurate cuts which fall in
between the 1 inch markings. The Figure 4 embodiment is similar to the Figure 3
embodiment except the markings 10', 11' are placed along the edges of the square 8'
and not along the lines 9, 12. In all other respects, the markings 10', 11' function in the
same manner as the markings 10, 11.
The obviousness rejection
The examiner ascertained (answer, pp. 4-5) that Cubbler does not disclose
either (1) a plurality of interconnecting wall angles as claimed, or (2) measurement
indicia as claimed.1 With regard to these differences, the examiner then determined
(answer, pp. 5-6) that it would have been obvious to one having ordinary skill in the art
at the time the invention was made to (1) incorporate O'Brien's wall angles into
Cubbler's system and (2) incorporate Blubaugh's teaching of measurement indicia into
Cubbler's system.
1 After the scope and content of the prior art are determined, the differences between the prior art
and the claims at issue are to be ascertained. Graham v. John Deere Co., 383 U.S. 1, 17-18, 148 USPQ
459, 467 (1966).
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